A Crackdown In Progress

Security forces play hardball with DAPL protesters

Bottom Line: Attack dogs, helicopters, surveillance technology and other means are increasingly being deployed to keep opponents of the Dakota Access pipeline in check.

The presence of armed authorities who stop and question motorists is increasingly unnerving.

Mary Annette Pember

If protesters against the Dakota Access pipeline (DAPL) construction near the Standing Rock Sioux reservation are covering their faces, it is with good reason. They don’t want to be identified by police forces that are using facial-recognition technology to spot people so they can press charges.

But the technology isn’t foolproof. Just ask Greg Grey Cloud of the Crow Creek Tribe in South Dakota. He was arrested on September 28 after voluntarily surrendering to North Dakota state investigators at the Morton County jail. He had traveled from the Rosebud Reservation in South Dakota after learning there was a warrant for his arrest; it alleged that he had committed criminal trespass during the now famous September 3 confrontation with DAPL security guards and their dogs. But at the time of the September 3 action, Grey Cloud was actually in Rosebud at a family barbecue.

“I think they are targeting Indians unfairly,” he said.

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Grey Cloud’s experience reflects the growing determination of law enforcement authorities to counter the thousands of water protectors and activists who have descended on ground zero of the DAPL construction site.

The effort is being met with funding from Bismarck. On September 21, a North Dakota state panel voted to borrow up to $6 million from the state-owned Bank of North Dakota to support policing efforts, reported Forum News Service.

“The problem that we have, of course, is that these public safety needs are imminent every day,” said Gov. Jack Dalrymple. “We really have no choice but to protect the public with law enforcement.”

In Grey Cloud’s case, the criminal trespass warrant was based on surveillance video footage. Grey Cloud, a cofounder of Wica Agli, a traditional Lakota men’s society created to protect and support women, had previously traveled to Cannon Ball to visit the water protector camps. When he learned of his warrant, he presented himself at the sheriff’s office. There, he and his attorney were surprised to learn that the warrant contained a “no bond” stipulation requiring him to remain in jail overnight until his case could be heard the next day.

His warrant was dismissed on September 29, though “without prejudice”—meaning that authorities can revisit it at a later date if they choose. The Wica Agli office said they were “appalled” by the actions of North Dakota’s bureau of criminal investigation. “It is this type of institutional racism and racial profiling that is at the core of the struggles currently happening in North Dakota,” the organization said.

Opposition to tactics by police and private security firms is building on other fronts. The American Civil Liberties Union of North Dakota, for instance, has issued a statement of solidarity with the Standing Rock Sioux tribe. The organization has called upon Dalrymple to demilitarize the state’s response to peaceful protesters and actions against the Dakota Access pipeline, and decried the governor’s decision to declare a state of emergency.

And on September 28, Amnesty International USA asked Morton County Sheriff Kyle Kirchmeier to investigate the use of force by private contractors, remove blockades and discontinue use of riot gear when policing protests and protesters.

The various camps near Cannon Ball now appear to be under almost constant surveillance from helicopters and planes. The aircraft also follow water protectors during actions carried out against the pipeline.

North Dakota law enforcement authorities said they did not know who might be paying for the cost of the two helicopters that are an almost constant presence. However, North Dakota Highway Patrol (NDHP) spokesperson Sgt. Tom Iverson acknowledged that the plane is a part of the NDHP and has air-to-air communications with the choppers. Both Morton County spokesman Rob Keller and Iverson, however, said the aircraft are not directed by law enforcement.

Georgianne Nienabor claimed otherwise in an October 3 article for Huffington Post. After filing a Freedom of Information Act request, she learned that helicopter owner Arnold Johnson Jr. had admitted to investigators that the registration number on one of his aircraft had been altered. This was “due to threats made against registered owners of aircraft being flown supporting law enforcement during the pipeline protests near Bismarck.” The alteration of registration numbers, however, is a serious violation of FAA regulations.

The attack dogs that were dispatched on September 3 remain a vivid icon of Dakota Access counter-protest measures. ROBYN BECK/AFP/Getty Images

The roadblock south of Mandan that had detoured drivers around highway 1806 near the protectors’ camps has now been downgraded to an “informational checkpoint.” However, the presence of fully armed National Guardsmen who stop and question motorists traveling south is unnerving for many. In fact, law enforcement is collecting information on each vehicle that passes the checkpoint and is creating a database, said Tom Goldtooth, executive director of the Indigenous Environmental Network.

NDHP spokesman Iverson also said that a license plate reader has been utilized at the traffic information point but added that he is unaware of its capabilities or how any data are stored.

According to Keller, local residents fear the protectors and have reported crimes such as theft of hay, trespass and fence cutting. He was unable, however, to provide a listing or number of reports, describing them as unofficial.

“These are not formal reports,” the deputy wrote of the alleged crimes. “Locals are not willing to give their identify for fear of retaliation.” Instead he provided a document describing examples of intimidation as gathered by “a Morton Country Deputy who is making visits with area residents.”  .

Despite the lack of substantiated reports, Morton County Sheriff Kyle Kirchmeier has asked for help in policing from the National Sheriff’s Association. The move, said the Association’s past president Danny Glick, is unprecedented.

“When we get a call from Sheriff Kirchmeier, we will be ready to assist,” Sheriff Glick of the Laramie County, Wyoming, sheriff’s department, told the Bismarck Tribune.

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Fear seems to come easy these days in North Dakota for longtime residents. Much of the trepidation seems fueled by speculation, rumor and the unknown.

When ICTMN contacted a non-Native North Dakotan who also opposes the pipeline, the woman refused to comment for fear of losing her job and insisted that her name not be used. A woman who answered the phone at Rusty’s Saloon and Bar in the unincorporated town of St. Anthony said she and her family live in the area because they like the peace and quiet.

And there is still plenty of peace and quiet to be had; neighbors live miles apart in this great expanse. St. Anthony is located near the pipeline, and like many towns here, has no paved roads. It is a place where a line of more than three cars provokes comment.

Patrons of Rusty’s stepped outside on September 28 to watch a line of about 75 cars pass by after drivers participated in an action against the pipeline. The bystanders appeared grave and concerned as the dust churned up by the unwelcome visitors settled over them.

“Certain things have been happening to some of the neighbors,” said the woman who had answered the phone at Rusty’s (and who stated that she does not own the bar). “An elderly lady was frightened by protesters in her yard that refused to leave. A guy on horseback rode onto our land and declared that this was his land. Ranchers are having a tough time getting out to cut their silage because the roads are blocked. Everyone has a right to have their say, but getting everything into a big uproar doesn’t help anything.”

On the protector side, rumors also feed a sense of unease. For instance, a crop duster dropped liquid during a protest on September 28; authorities reported that the plane dumped vegetable oil as a means to let other aircraft know it was in the vicinity. But many insisted that the plane had dispensed nerve gas or some other dangerous agent.

The woman from Rusty’s expressed concern about all the newcomers. “They [the tribe and camp organizers] keep asking people to come,” she said. “I don’t know what’s going to happen.”

She added that she merely wants “the whole thing to be over.” http://bit.ly/2d1kcMj

Sunshine, Bugs—And Fish

In North Carolina, a most unusual way of raising trout

Bottom Line: Solar power and bugs are making a sustainable and financial difference for a veteran Native fish farmer.

Solar-powered trout feeders are technological centerpieces at Smoky Mountain Trout Farm.

Courtesy Sequoyah Fund

John McCoy (Eastern Band of Cherokee) is not only the sole American Indian trout farmer in North Carolina; he may also be one of the most innovative. The owner of Smoky Mountain Trout Farm, McCoy has equipped his farm with solar fish feeders for daytime feeding and installed solar powered bug zappers that supply his fish with insects for night feeding.

McCoy, a 45-year industry veteran, is coming to the close of his first season using these new techniques, which he hopes can help transform his trade and increase profits for both himself and his fellow farmers.

McCoy was able to experiment with these green techniques thanks to a grant from WNC AgOptions and a business loan from Sequoyah Fund, a community loan fund. In working with small businesses on a daily basis, Sequoyah Fund Executive Director Russ Seagle sees start-up costs as one of the most common challenges that entrepreneurs face. Similarly, initial costs for solar panel installation often present a barrier for business owners and consumers.

“The way John combined funding sources demonstrates his ingenuity and resourcefulness,” said Seagle. “We are happy that funds from our lending program could be combined with grant funds to make a significant bottom line impact in John’s business.”

McCoy’s approach is not only incorporating sustainable farming methods, it is increasing his bottom line. His energy bill has decreased by an average of $120 per month, and the addition of the insects into the fishes’ diet has decreased the amount of feed he uses. He estimates the bugs will offset his feed expenses by $5,000 annually.

“In trout farming your profit margin is determined on the cost of fish food,” he said. “With this setup, I’m able to offset that.”

“Our food sources will have to adjust,” says owner John McCoy. Courtesy Sequoyah Fund

McCoy initially purchased 5,000 pounds of fish in April, and with his monthly weigh counts, he estimates that he will sell 20,000 pounds at the end of October. Buyers are already lining up. There is a high demand from processors, but he could also sell to a stocking program. Both options would benefit the state’s economy, either by supporting the food or tourism industry.

McCoy also hopes these new techniques will benefit trout farmers. During his time in the U.S. Trout Farmers Association, he advocated for reasonable resale prices to help expand the market and support the trout farmers. “We see a lot of markup, but it’s not the farmers that are making all of that,” he said. With more competitive prices at the grocery store, he feels, more people would buy trout more often.

After he sells his current batch, McCoy will make some final calculations and determine exactly how profitable his new approach has been. Not only can other trout growers replicate his sustainable cost-savings model, he said, other types of farms—such as chicken or pig—can also use it.

Irrespective of how trout come to market, McCoy touts their health benefits, notably their high protein and Omega-3 content. With oceans growing more polluted and the land becoming more contaminated with pesticides, he feels, fish in general and trout in particular will emerge as an increasingly essential food source.

“Our food sources will have to adjust,” he said. “The future is in healthy food that comes from waters that are clear and fields that are clean. And, that’s what we have in the Smoky Mountains.” http://bit.ly/2daKQTb

Bears Ears Alternative Goes Forward

But opponents cry ‘land grab’

Bottom Line: Two sacred buttes in Utah may yet achieve national monument status. A recent House vote, however, does not augur well.

A vote on designating the Bears Ears buttes in Utah as a national monument is moving toward consideration by the full House of Representatives.

Getty Images

Amid considerable controversy, a House bill that is being touted as an alternative to an intertribal proposal to designate the Bears Ears buttes formation as a national monument is headed toward consideration by the full chamber.

The bill, known as the Utah Public Lands Initiative (H.R. 5780) and sponsored by House Natural Resources Committee Chairman Rob Bishop (R-Utah), passed the Republican-majority committee by a 21-13 vote on September 22.

But committee Democrats say the bill does not contain a tribal consultation component or protect half a million acres identified by the tribes in their larger Bears Ears designation request.

That larger request would set aside nearly two million acres of land in southeastern Utah for national monument status. By contrast, the Public Lands Initiative Act designates only about 1.4 million acres of federal land for “conservation and recreation” and would consolidate “certain federal and non-federal land; and provides for economic development within the State of Utah.”

Critics say the measure would open the land to natural-resources development and give a fair amount away to private interests. Committee Republicans rejected six Democratic amendments, including one by Raul Ruiz (D-California) that would have protected land, water, roads or other resources within the Uintah and Ouray Ute Reservation.

Calling H.R. 5780 “legislation that tramples over sovereignty and self-determination” and “a modern-day Indian land grab,” Ruiz said the Ute tribe was denied an opportunity to present their concerns in a formal hearing. He also said the bill was fast-tracked to avoid a hearing in the Indian, Insular and Alaska Native Affairs (IIANA) Subcommittee, where he is a ranking member.

“Without a hearing in the IIANA subcommittee we’re not able to fully discuss the true status of these lands within the Ute Indian Tribe’s reservation,” Ruiz said. “H.R. 5780 would be the first bill to take away these lands from these tribes. Attempting to justify taking away these lands based on misleading questions raised at the federal land subcommittee hearing last week is wrong.”

Located in northeastern Utah, the Ute are rich in oil and gas wealth. The Bureau of Land Management currently oversees land and minerals for sections of their land. But Ute officials say the land should have been placed under trust through the Indian Reorganization Act. They oppose the Utah Public Lands Initiative because it “proposes to take Indian lands and resources to fix Utah’s problems.”

Democrats have continually cited opposition to the initiative from area tribes. They have particularly noted that the bill excludes 500,000 acres of the Bears Ears region named after its two namesake 9,000-foot twin buttes. Residents consider the area sacred, as it contains more than 100,000 archeological sites.

Tim McClintock (R-California) countered that several area tribes have supported the Utah Public Lands Initiative and that a Navajo official—San Juan County Commissioner Rebecca Benally—agrees with them.

“The testimony that we received from the county commissioner called the claim of the Native American support for the Bears Ears monument campaign a sham,” McClintock said. “She says, ‘I’m here to help you unmask it.’”

But Ruiz disputed any suggestion that Benally speaks for the entire Navajo Nation. “Saying that one woman, this Navajo woman acting as a commissioner, using her as a token spokesperson for her tribal nation—that is wrong,” he said. “The Navajo Nation under their president and their council opposes this land grab and are in solidarity with the Ute Nation.”

The Navajo Tribe, the Ute Mountain Ute Tribe, the Uintah and Ouray Ute Indian Tribe, and the Hopi and Zuñi Pueblos support the monument proposal. They created the Bears Ears Inter-Tribal Coalition last year after failed attempts to work with Utah representatives.

The coalition formally asked President Obama to designate 1.9 million acres in the area as a national monument under the 1906 Antiquities Act, which gives the president signing power to create such monuments on federal lands. During a press tour of the region in July, Interior Secretary Sally Jewell said that Obama plans to decide the issue before the end of his term.

The issue has deeply divided the Four Corners community. On September 21, a group of Utah Navajos opposed the monument at a news conference outside the Capitol, saying it would interfere with Bears Ears access and their traditional way of life. Six of seven Navajo communities in Utah have passed resolutions supporting a monument.

Standing with Utah lawmakers and Gov. Gary Herbert, Navajo resident Susie Philemon pleaded to President Obama, “Please do not take this land from us. Please don’t break more promises not again,” the Associated Press reported.

In a video posted on the day of the Natural Resources meeting, Rep. Bishop said the Public Lands Initiative represented a compromise after 1,200 meetings, 50 field trips, and public and private hearings.

“There has been no bill before Congress that has had this kind of transparency and this kind of scrutiny,” Bishop said. “And, in the end of it when we take it to the floor of the House, it will be a good bill that will solve the problems and provide stability moving forward into the future.” http://bit.ly/2dJfxSe

The Preservation of Keres

‘Nobody else is going to do it for us’

Bottom Line: Trying to keep dialects from dying is a fact of Native life. But in New Mexico, one educator has tackled the challenge with a vengeance.

At the Keres Children’s Learning Center, language immersion takes all forms—including the “hundreds board”.

Courtesy Keres Children's Learning Center

It all started when Trisha Moquino entered the public school system as an elementary school teacher. An indigenous woman from Cochiti, Santo Domingo and Ohkay Owingeh Pueblos, she became frustrated with the school’s unwillingness to teach language and culture to Native students.

The situation struck a deeper chord when Moquino looked into her daughter’s eyes and thought of the future she wanted for her. Her 2-year-old child was fluent in the Keres language but had no early childhood setting to continue to develop these skills.

“I thought, ‘This school will teach the Keres out of her,’” said Moquino. “I was not taken seriously by the district. I went to work one day and thought, ‘Why am I working so hard as an Indian teacher to have high test scores for these children in English, and yet I’m being told at home that it’s my responsibility to give language to my child?”

That realization ignited Moquino’s determination to take language revitalization into her own hands. So she left the public school system. And after six years of intense planning and fundraising, she obtained permission from the tribal council to cofound the Keres Children’s Learning Center (KCLC) in New Mexico. It is Cochiti Pueblo’s first full immersion early childhood center.

“Nobody else is going to do it for us,” she said. “We have to come together and do it for ourselves. We have been given money by the state for one-hour language classes. Why can’t we have full-out schools in our languages?”

Today, Moquino and the KCLC team have an impressive track record. This year they have opened up higher grades and realized their dream of an intergenerational teaching and learning community.

As soon as children step through the door, nothing but Keres is spoken. The purpose is not only to teach Western material but to convey fluency and knowledge of traditional skills, values and philosophy. This multipronged approach arose from Moquino’s belief that traditional knowledge does not need to be compromised for Western knowledge, or vice versa.

“I always cry when I tell this part of the story because we didn’t open the school in time for my daughters to attend,” Moquino said. “But I tell them they are the legacy for the school because if I did not have them, the school would not exist today. It came from my experience as a mother.”

Moquino has found, however, that federal and state standards frequently stifle the dreams of indigenous educators. She and the KCLC board of directors did not want to be beholden to outside expectations.

“We operate outside of school and teacher evaluations because we don’t take money from the state,” she said. “Energy needs to go towards the mission of the school, instead of checking off things on a list made by someone at the Capitol.” To meet the school’s financial needs, numerous foundations have stepped up to ensure its success.

But “it’s still a struggle,” Moquino said. “These groups do not want to fund us forever. We don’t know how we will keep it running.” Despite the hardships, Moquino hopes that change is on the horizon. However, she has no illusions.

“I think we’ll get there but it will take us longer than we want,” she said. “In language revitalization, time is something we don’t have. They are not doing it intentionally, but they’re not more intentional about being inclusive either.” http://bit.ly/2e8LL7l

How Did I Miss That?

Gridiron steak discounts, “Trumpkins”
and one tortoise’s bid for freedom

Dangerous Minds published a photo essay on a new Halloween idea, Trumpkins. Carving a Trump jack-o-lantern starts out with the right color. Then, Dangerous Minds said, the carver must make the mouth look like “an angry anus with teeth.”

We’re not surprised here in the borderlands, where Trump piñatas are still selling out as quickly as they can be made. However, my cousin Ray Sixkiller is worried that if somebody designs one more Trump craft for the holiday season, “We’ll have a shortage of orange paint.”

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CNN Money reported that Carly Simon has, for the first time, allowed “You’re So Vain” to be used in a political ad. She only changed one line. “Your scarf, it was apricot” became “Your skin, it was apricot.” The ad is for Patriotic Artists and Creatives, a superpac supporting Clinton.

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The Detroit Free Press reported that the Ruth’s Cris Steak House in Ann Arbor offered a one percent discount for every point by which the University of Michigan beat Rutgers. It was a nice promotion for home team fans, since the Wolverines were sure to beat the Scarlet Knights. But it wasn’t so great for the steak house when the score came up Michigan 78, Rutgers 0. The terms of the offer cut off the discount at 50 percent, but there were still no reservations to be had at Ruth’s for the duration of the offer.

Cousin Ray suggested that Ruth’s should make the same offer for Clinton’s margin over Trump . . . but that was before the issue turned to groping.

* * *

According to Bloomberg, the Trump campaign got blindsided by things the candidate has said on camera because he did not allow his campaign to do opposition research on himself—a common political tactic to head off surprises from the other side.

Cousin Ray reminded me that Ralph Nader did not have to run such research on himself because of the years he had spent fighting about unsafe automobiles. General Motors already had all the dirt on Nader that was findable.

* * *

Sgt. B. Lovell of the Diboll, Texas Police Department, posted on the DPD Facebook page that he answered an animal call that was “a new one for me.” A 100-pound, 48-year-old tortoise named Sheldon had escaped from a fenced back yard and made a dash for freedom. Well, as much of a dash as a tortoise makes. Sheldon made it about 100 yards before being reported. His people coaxed him to come home with an apple.

* * *

CNN reported on a rather more serious animal call. The Clay County Sheriff’s Office in Florida responded to a 911 call and found a bald eagle left imbedded in a car grille by Hurricane Matthew. The bird was extracted from the grille and taken to the Bird Emergency Aid and Kare Sanctuary. The rescuers named the bird (what else?) Matthew. His injuries are not serious and the plan is to release him as soon as his habitat is no longer overrun with emergency vehicles.

* * *

Joe Scarborough told a great political story on Morning Joe apropos of Donald Trump’s latest anti-constitutional move, whereby he promised that if elected, he will put his political opponent in jail. Scarborough related interviewing Pat Buchanan, who had been a Nixon insider and was political aggression personified. He asked Buchanan why Nixon didn’t demand recounts in 1960 when he knew JFK had stolen Illinois and maybe Texas. “Because,” Buchanan laughed, “we stole Kentucky.”

Election fraud is not funny.

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Also not funny are the two polls from FiveThirtyEight showing what would happen if only women or only men voted. If only women voted, the Electoral College would show 458 electoral votes for Clinton and 80 for Trump. If only men voted, the total would be 188 for Clinton and 350 for Trump. Trump’s response is the hashtag #repealthe19th.

“And people claim Trump isn’t a modern Republican?” Cousin Ray looked like an elephant had stepped on his foot. “If you don’t like how a group of people vote, don’t let them vote. That’s where my party has been lately . . . but without me.” http://bit.ly/2e7pS9B